THE COMPATIBILITY BETWEEN CELERITY AND FOUNDATION OF DECISIONS

• Autor(a) principal: Mundim, Luís Gustavo Reis
• Data de Publicação: 2019
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Esmat
• Texto Completo: http://esmat.tjto.jus.br/publicacoes/index.php/revista_esmat/article/view/284

The aim of this article is to demonstrate the compatibility between the principles of the foundation of decisions and celerity. The methodological procedure used consisted of the bibliographical review about the constitutional principles of the contradictory and the reasoning of the decisions, as well as the celerity. The proposal to develop a study on the compatibility of the foundation of decisions with celerity was motivated by the need to supervise the parties to the judicial activity without the judge deciding solitarily the right from their feelings and convictions. The interconnection of the contradictory with the reasoning of decisions does not allow the judge to flexibilize the reasoning in the name of celerity, because it is an antidemocratic and unconstitutional position, which has been carried out by the country courts. Once this objective has been reached, it was possible to analyze that celerity and reasoning are compatible principles, hence the main problems of judicial delays are present in the dead stages of the procedure and in the lack of structure of the judiciary.